1. Why did I receive a notice?
2. What is this lawsuit about?
3. Who is included in the Settlement?
4. What does the Settlement provide?
5. When is the Court’s Fairness Hearing?
6. What are my options?
7. How can I get more information?
The purpose of the Notice is to advise you that a Settlement has been reached in a class action lawsuit styled Klare v. Westlake Services, LLC d/b/a Westlake Financial Services, Case No. 2:23-cv-6386 (C.D. Cal.) (the “Lawsuit”). If you received notice of this settlement, Westlake’s records indicate that you are included in the Settlement and may be entitled to a Settlement Payment.
This website summarizes the proposed settlement and your rights. The precise terms and conditions of the settlement are set forth in the Settlement Agreement, which may be viewed here, or by contacting the Settlement Administrator at (833) 417-4970, contacting Class Counsel, or by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at www.pacer.gov.
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The lawsuit alleges that Westlake violated California debt collection laws when borrowers were charged fees for using certain payment methods to make payments on their Westlake accounts through ACI. Westlake denies any and all wrongdoing. The Court has not decided who is right. The parties have agreed to the Settlement to avoid the burden, expense, risk, and uncertainty of continuing the Lawsuit.
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Westlake’s records indicate that you are a Settlement Class Member. The Settlement Class is defined as: all natural persons with a retail installment contract assigned to Westlake who, between June 20, 2022, and the date of Plaintiff’s motion for preliminary approval of the Settlement, paid a convenience fee to ACI Payments, Inc. (“ACI”) in connection with a payment the person was making on a Westlake account, where the payment was made either on the due date of the payment, after the due date of the payment, or where the due date is unknown, based on Westlake’s records.
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Payment to Class Members. Westlake has agreed to establish a Settlement Fund of $1,200,000.00 from which Settlement Class Members who complete valid Claim Forms will receive payments. The Settlement Fund, net of any settlement notice and administration costs, service awards, and attorneys’ fees and expenses award by the Court (the “Net Settlement Fund”) will be distributed to these Settlement Class Members per capita. You can submit a Claim Form here.
To receive a Settlement Payment, you must timely submit a completed and valid Claim Form with all required information, attesting that you paid a Fee. You will receive your Settlement Payment from the Net Settlement Fund via the payment method you validly select on the Claim Form. You may elect to receive your payment via paper check, or electronically by PayPal, Venmo, or Zelle, etc. If you would like to receive payment via Westlake Account Credit, please print a paper claim form and mail it to the Settlement Administrator.
Westlake Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
If there are amounts remaining in the Net Settlement Fund after the primary distribution, the Settlement Administrator will distribute the remaining amount per capita on a per account basis to Settlement Class Members who have completed a valid Claim Form in a secondary distribution, if economically feasible. If a secondary distribution occurs, the payment will be made via the same method as the primary distribution, unless the Settlement Class Member no longer has an outstanding balance on a retail installment contract assigned to Westlake. In such a case, the payment will instead be made via another payment method listed on the Claim Form.
Please understand that these sums may be taxable, that such tax consequences are further described in the Settlement Agreement, and that counsel is not giving you any tax advice. You are encouraged to seek tax advice without delay from a tax professional.
Service Award. The Plaintiff who brought this lawsuit will request a service award of no more than $10,000.00 for serving as Class Representative.
Attorney’s Fees and Costs. Class counsel are Bailey & Glasser, LLP, and Bibiyan Law Group, P.C. They will request Attorney’s Fees and Expenses of no more than one-fourth (25%) of the total amount of the Settlement Fund, plus their litigation expenses. The Court will determine the appropriate amount of the Attorney’s Fees and Expenses and awards to be paid. The Settlement is not conditioned upon approval of any of the Attorney’s Fees and Expenses, or service award amounts.
Opinion of Class Counsel. Class Counsel considers it to be in the best interest of the class to enter into this Settlement on the terms described in light of the potential recovery, Defendant’s defenses, and the uncertainties of continued litigation.
Release. Subject to Final Approval by the Court of the Settlement, and for good and valuable consideration, all Releasing Parties, do hereby irrevocably release, acquit, and forever discharge the Released Parties from any and all claims, rights, causes of action, penalties, demands, damages, debts, accounts, duties, costs and expenses (other than those required to be paid pursuant to this Agreement), liens, charges, complaints, causes of action, obligations, or liability of any and every kind that were alleged in the Complaint, or that could have been asserted but were not alleged in the Complaint or in any other court or forum, whether known or unknown, on the basis of, connected with, arising out of, or related in whole or in part to any or all of the alleged acts, omissions, facts, matters, transactions, circumstances, and occurrences that were directly or indirectly alleged, asserted, described, set forth, or referred to in the allegations of the Complaint, whether such allegations were or could have been based on common law or equity, or on any contract, statute, rule, regulation, order, or law, whether federal, state, or local, including, without limitation, claims under federal or state unfair competition or debt collection laws related to “pay-to-pay fees,” payment processing fees, or convenience fees assessed during the Class Period (“Released Claims”).
For purposes of the Settlement Agreement, “Released Parties” means Westlake; all of Westlake’s acquired entities, predecessors, successors, affiliates, parent companies, and subsidiaries; any person, company, trust, or other entity for which Westlake services Settlement Class Member sales contracts, as well as any person, company, trust, or other entity that has or had any interest in or servicing/sub-servicing right to any sales contract with a Settlement Class Member that Westlake serviced; and all of the aforementioned past or present predecessors, successors, direct or indirect parents, subsidiaries, associates, affiliates, assigns, employers, employees, shareholders, principals, agents, consultants, independent contractors, insurers, directors, officers, partners, attorneys, accountants, financial advisors, legal representatives, and successors in interest.
For purposes of this Action, “Releasing Parties” means Plaintiff, all Settlement Class Members, and any individual acting on their behalf, including any present, former, and future spouses, dependents, children, parents, as well as the present, former, and future estates, heirs, executors, administrators, representatives, agents, attorneys, partners, successors, predecessors in interest, assigns, or other representatives.
Settlement Class Members and Class Counsel acknowledge that the release of the Released Claims is a full and final release applying to both those Released Claims that are currently known, anticipated, or disclosed to Releasing Parties and to all those Released Claims that are presently unknown, unanticipated, or undisclosed to any Releasing Parties arising out of the alleged facts, circumstances, and occurrences underlying the claims in the Complaint. Releasing Parties acknowledge that the facts could be different than they now know or suspect to be the case, but they are nonetheless releasing all such unknown claims.
Binding Effect of Class Judgment. Upon conclusion of the Settlement, the judgment of the Court will be binding upon all Settlement Class Members who do not opt out of the Settlement.
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The U.S. District Court for the Central District of California will hold a Final Approval Hearing in this case on April 16, 2026, at 10:00 a.m. in the Courtroom of Judge Fernando M. Olguin located at 350 W. 1st Street, 6th Floor, Courtroom 6D, Los Angeles, CA 90012. Unless you opt-out of the Settlement, you may appear at the Final Approval Hearing, but you do not have to attend. You may also hire your own attorney, at your own expense, to appear or speak for you at the Final Approval Hearing.
The Final Approval Hearing date and time may be changed without further notice. If you wish to attend the Final Approval Hearing, you should check the Important Dates page in advance to confirm the day and time.
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Do Nothing. You will not receive a payment under the Settlement. You will also give up your right to object to the Settlement and you will not be able to be part of any other lawsuit about the claims this Settlement resolves.
Receive a Settlement Payment. To receive a Settlement Payment, you must submit a Claim Form by May 18, 2026, and select your desired method of payment as a part of your claim.If the Settlement is approved, you will be bound by all of its terms, and you will be paid pursuant to your desired payment method.
Exclude Yourself. You may “opt out” and exclude yourself from the Settlement. If you opt out, you will not receive any cash payment, and you will not release any claims you may have against Defendant. If you opt out, you will be free to pursue whatever legal rights you may have by pursuing your own lawsuit against Defendant at your own risk and expense. To exclude yourself from the Settlement, you must complete the opt-out form online here by February 3, 2026, or mail a letter to the Settlement Administrator (see FAQ 7) stating that you wish to opt-out of this lawsuit. Your letter must include your name, address, telephone number, the last four digits of your Social Security Number, and a statement that you are seeking exclusion from this lawsuit, Klare v. Westlake Services, LLC d/b/a Westlake Financial Services, Case No. 2:23-cv-6386 (C.D. Cal.). You must postmark your letter no later than February 3, 2026.
Object to the Settlement. If you object to the Settlement, you must file with the Court a signed statement saying that you object to the Settlement in Klare v. Westlake Services, LLC d/b/a Westlake Financial Services, Case No. 2:23-cv-6386 (C.D. Cal.); submit documentary proof that you are a member of the Settlement Class; provide your name, address and telephone number; specifically state the basis for your objection(s); identify whether the objection applies to the entire Settlement Class, a specific subset of the Settlement Class, or only to the objector; and serve copies of the foregoing and all other papers in support of such objection(s) upon the Clerk of the United States District Court for the Central District of California at 350 W. 1st Street, 4th Floor, Suite 4311, Los Angeles, California 90012. The objection must also state whether you or your own lawyer would like to appear and speak at the Court’s Final Approval Hearing, at your own cost. You do not need to appear at the Final Approval Hearing to object to the Settlement.
If you intend to call witnesses at the Final Approval Hearing, the objection should list any witnesses you intend to call.
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This website and the Notice are a summary of this Settlement. For more information, please review the Settlement Agreement, which is available, along with other case-related documents, on the Important Documents page.
Please direct questions to:
Westlake Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
info@KlareFeeSettlement.com
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